06/12/2018

Environmental Law update – Spring 2017 John Mitchell, partner, Risk and Compliance

Water pollution prosecutions Southern Water – fined £2m (a record fine in a water pollution case) South West Water – fined £185k Interserve Construction Limited – fined £54k 06/12/2018

Guidance on non-domestic energy efficiency standards From 1 April 2018 it’s an offence To grant a new lease to new or existing tenants for premises If the Energy Performance Certificate scores lower than E From 1 April 2023 it’s an offence To continue to let premises Energy efficiency improvements are required if there is a 7 year payback period or less Unless an exemption applies If exempted must be registered on a public register Penalties for breach can be up to £150,000 06/12/2018

New overarching environment law Growing calls for new legislation to protect the environment post Brexit The spectre of the government policing itself, instead of being policed by the Commission is raising concern House of Lords says an effective and independent mechanism is needed Various parliamentary committees have called for the “25 year plan” to be underpinned by legislation A coalition of NGOs wants a new environment law to safeguard the current environmental protections 06/12/2018

Air quality issues We await the new plan forced on the government by the ClientEarth case London has introduced the “toxicity charge” for older vehicles entering the congestion charge zone TfL will be consulting on the extension of the ULEZ and its earlier implementation DEFRA has given a record grant to various cities for work towards Clean Air Zones The European Commission has issued a reasoned opinion to the UK for failing to deal with air quality issues 06/12/2018

Electric vehicle incentives The Vehicle Technology and Aviation Bill: Obliges the provision of electric car charging points At motorway service stations and by large fuel retailers Coupled with laws about payment, connections and publicity Finance Bill 2017 will: Give tax breaks to employers for installing electric car charging points Slash the tax and NI contributions payable on zero emission company cars 06/12/2018

Vehicle Excise Duty changes for new cars registered from 1 April Two rates: First year rate (£ variable based on emissions) Subsequent year rate (£140 flat rate) One surcharge for cars with a total list price >£40,000: Years 2 – 5 (£310 flat rate) Electric car: ≤ £40k = £0 first year and £0 subsequent years > £40k = £0 first year, £310 years 2-5, £0 onwards 06/12/2018

Environmental Law update – Spring 2017 John Mitchell, partner, Risk and Compliance